Moran v Schwartz Publishing Pty Ltd (No 4)

Link copied
Case Copied 27 min read

MORAN -v- SCHWARTZ PUBLISHING PTY LTD [No 4] [2015] WASC 328



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 328
01/09/2015
Case No:CIV:1894/201411 AUGUST 2015
Coram:KENNETH MARTIN J11/08/15
17Judgment Part:1 of 1
Result: Application allowed as amended
B
PDF Version
Parties:TOBIAS FRIEDRICH MORAN
SCHWARTZ PUBLISHING PTY LTD
VIRGINIA PETERS

Catchwords:

Practice and procedure
Implied undertaking
Obligation not to use discovered documents or documents produced on subpoena for purposes other than the proceedings
Application for leave to use court documents and documents produced on subpoena for limited purpose of making complaint about a third party to the Office of the Legal Services Commissioner of New South Wales
Public interest
Turns on own facts

Legislation:

Nil

Case References:

Bedshed Franchising Pty Ltd v Battersby [No 2] [2015] WASC 281
Crest Homes Plc v Marks [1987] AC 829; [1987] 3 WLR 293
Esso Australia Resources Ltd v Plowman [1995] HCA 19; (1995) 183 CLR 10
Hearne v Street [2005] HCA 36; (2005) 235 CLR 125
Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; (2005) 218 ALR 283
Medway v Doublock Ltd [1978] 1 WLR 710; [1978] 1 All ER 1261
Minister for Education v Bailey [2000] WASCA 377; (2000) 23 WAR 149
Moran v Schwartz Publishing Pty Ltd [2014] WASC 334
Moran v Schwartz Publishing Pty Ltd [No 2] [2015] WASC 35
Moran v Schwartz Publishing Pty Ltd [No 3] [2015] WASC 215
Prudential Assurance Co Ltd v Fountain Page Ltd [1991] 1 WLR 756; [1991] 3 All ER 878
Re Addstone Pty Ltd (In liq); Ex parte Macks [1998] FCA 1680; (1998) 30 ACSR 156
Spalla v St George Motor Finance Ltd [2004] FCA 1014; (2004) 209 ALR 703
Springfield Nominees Pty Ltd v Bridgelands Securities Ltd [1992] FCA 720; (1992) 110 ALR 685


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : MORAN -v- SCHWARTZ PUBLISHING PTY LTD [No 4] [2015] WASC 328 CORAM : KENNETH MARTIN J HEARD : 11 AUGUST 2015 DELIVERED : 11 AUGUST 2015 PUBLISHED : 1 SEPTEMBER 2015 FILE NO/S : CIV 1894 of 2014 BETWEEN : TOBIAS FRIEDRICH MORAN
    Plaintiff

    AND

    SCHWARTZ PUBLISHING PTY LTD
    First Defendant

    VIRGINIA PETERS
    Second Defendant

Catchwords:

Practice and procedure - Implied undertaking - Obligation not to use discovered documents or documents produced on subpoena for purposes other than the proceedings - Application for leave to use court documents and documents produced on subpoena for limited purpose of making complaint about a third party to the Office of the Legal Services Commissioner of New South Wales - Public interest - Turns on own facts

Legislation:

Nil

Result:

Application allowed as amended


Category: B


Representation:

Counsel:


    Plaintiff : Mr M L Bennett
    First Defendant : No appearance
    Second Defendant : No appearance

Solicitors:

    Plaintiff : Bennett + Co
    First Defendant : Carmel Galati
    Second Defendant : Carmel Galati



Case(s) referred…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Moran v Schwartz Publishing Pty Ltd (No 4) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2015] WASC 328
Decision Date

CaseChat Overview and Summary

The case of Moran v Schwartz Publishing Pty Ltd (No 4) involved an application by the plaintiff, Mr Moran, to use court documents and documents produced on subpoena for the limited purpose of making a complaint about a third party to the Office of the Legal Services Commissioner of New South Wales. This application arose from an implied undertaking not to use the discovered documents for any other purpose than the proceedings in which they were produced. The matter was heard in the Supreme Court of New South Wales.

The legal issue before the court was whether Mr Moran's proposed use of the documents for the purpose of lodging a complaint with the Office of the Legal Services Commissioner constituted a breach of the implied undertaking. This undertaking was intended to prevent the documents from being used for any purpose other than the litigation in which they were discovered, unless leave of the court was obtained. The court had to balance the competing interests of protecting the integrity of the litigation process against the public interest in ensuring that legal professionals act in an ethical manner.

The court found that the proposed use of the documents was in the public interest and would not constitute a breach of the implied undertaking. The court held that the public interest in ensuring that legal professionals act in an ethical manner and in the interests of justice outweighed the potential prejudice to the defendants. The court granted the application as amended, allowing Mr Moran to use the documents for the purpose of making a complaint to the Office of the Legal Services Commissioner. The court also noted that the use of the documents would be limited to the specific purpose of the complaint and would not be used to further the plaintiff's case in the litigation.

Orders

Orders of the court

Application allowed as amended

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.